NRS 697.180 Application
for license as bail agent, general agent, bail enforcement agent or bail
solicitor. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]

NRS 697.180 Application
for license as bail agent, general agent, bail enforcement agent or bail
solicitor. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal
law requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]

NRS 697.181 Payment
of child support: Statement by applicant for license; grounds for denial of
license; duty of Commissioner. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]

NRS 697.182 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]

NRS 697.230 Expiration
and renewal of license. [Effective until the date of the repeal of 42 U.S.C. §
666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]

NRS 697.230 Expiration
and renewal of license. [Effective on the date of the repeal of 42 U.S.C. §
666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]

NRS 697.020Definitions.As
used in this Code, unless the context otherwise requires, the words and terms
defined in NRS 697.030 to 697.070,
inclusive, have the meanings ascribed to them in those sections.

NRS 697.030“Bail” defined.“Bail”
means a deposit made with a court or other governmental agency to secure or
continue the release from custody and to guarantee the appearance of the
defendant in a criminal proceeding. The term includes bail bonds, undertakings
of bail and any pledge or deposit of the matters described in NRS 697.320.

NRS 697.040“Bail agent” defined.“Bail
agent” means any individual appointed by an authorized surety insurer by power
of attorney to execute or countersign undertakings of bail in connection with
judicial proceedings and who receives or is promised money or other things of
value therefor.

(Added to NRS by 1971, 1906)

NRS 697.055“Bail enforcement agent” defined.“Bail
enforcement agent” means a person who has contracted with or is employed by a
surety or bail agent as a special agent to enforce the terms and conditions of
a defendant’s release from custody on bail in a criminal proceeding, to locate
a defendant and to apprehend a defendant or surrender a defendant to custody,
or both, if appropriate.

1. A person in this state shall not act in
the capacity of a bail agent, bail enforcement agent or bail solicitor, or
perform any of the functions, duties or powers prescribed for a bail agent,
bail enforcement agent or bail solicitor under the provisions of this chapter,
unless that person is qualified and licensed as provided in this chapter. The
Commissioner may, after notice and opportunity to be heard, impose an
administrative fine of not more than $1,000 for each act or violation of the
provisions of this subsection.

2. A person, whether or not located in
this state, shall not act as or hold himself or herself out to be a general
agent unless qualified and licensed as such under the provisions of this
chapter.

3. For the protection of the people of
this state, the Commissioner shall not issue or renew, or permit to exist, any
license except in compliance with this chapter. The Commissioner shall not
issue or renew, or permit to exist, a license for any person found to be
untrustworthy or incompetent, or who has not established to the satisfaction of
the Commissioner that the person is qualified therefor in accordance with this
chapter.

1. Except as otherwise provided in this
section, no license may be issued:

(a) Except in compliance with this chapter.

(b) To a bail agent, bail enforcement agent or
bail solicitor, unless he or she is a natural person.

2. A corporation may be licensed as a bail
agent or bail enforcement agent if:

(a) The corporation is owned and controlled by an
insurer authorized to write surety in this State or a subsidiary corporation of
such an insurer; or

(b) Ownership and control of the corporation is
retained by one or more licensed agents.

3. This section does not prohibit two or
more licensed bail agents from entering into a partnership for the conduct of
their bail business. No person may be a member of such a partnership unless the
person is licensed pursuant to this chapter in the same capacity as all other
members of the partnership. A limited partnership or a natural person may not
have any proprietary interest, directly or indirectly, in a partnership or the
conduct of business thereunder except licensed bail agents as provided in this
chapter.

1. Prevent a producer of insurance from
writing bail bonds for any insurer authorized to write surety for which he or
she is an appointed agent, but he or she is subject to and governed by all laws
and regulations relating to bail agents when engaged in the activities thereof.

2. Affect the negotiation for or the
execution or delivery of a bail bond which is authorized by chapter 696A of NRS.

(g) Has, on or after July 1, 1999, successfully
completed a 6-hour course of instruction in bail bonds that is:

(1) Offered by a state or national
organization of bail agents or another organization that administers training
programs for bail agents; and

(2) Approved by the Commissioner.

2. A person is not entitled to receive,
renew or hold a license as a bail agent if the person has been convicted of, or
entered a plea of guilty, guilty but mentally ill or nolo contendere to,
forgery, embezzlement, obtaining money under false pretenses, larceny,
extortion, conspiracy to defraud or any crime involving moral turpitude. A
conviction of, or plea of guilty, guilty but mentally ill or nolo contendere
by, an applicant or licensee for any crime listed in this subsection is a
sufficient ground for the Commissioner to deny a license to the applicant or to
suspend or revoke the license of the agent.

1. Except as otherwise provided in
subsection 2, a person is entitled to receive, renew or hold a license as a
bail enforcement agent if the person:

(a) Is a natural person not less than 21 years of
age.

(b) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States.

(c) Has:

(1) A high school diploma;

(2) A general equivalency diploma or an
equivalent document; or

(3) An equivalent education as determined
by the Commissioner.

(d) Has complied with the requirements of
subsection 4 of NRS 697.180.

(e) Has submitted to the Commissioner the results
of an examination conducted by a psychiatrist or psychologist licensed to
practice in this state which indicate that the person does not suffer from a
psychological condition that would adversely affect the ability of the person
to carry out his or her duties as a bail enforcement agent.

(f) Has passed any written examination required
by this chapter.

(g) Submits to the Commissioner the results of a
test to detect the presence of a controlled substance in the system of the
person that was administered no earlier than 30 days before the date of the
application for the license which do not indicate the presence of any
controlled substance for which the person does not possess a current and lawful
prescription issued in the name of the person.

1. Except as otherwise provided in this
section, an applicant for a license as a bail enforcement agent must
satisfactorily complete a basic course of training for bail enforcement agents
that is approved by the Commissioner.

2. The basic course of training must
consist of at least 80 hours of training which includes instruction in:

(a) The following areas of the law:

(1) Constitutional law;

(2) Procedures for arresting defendants
and surrendering defendants into custody;

(3) Civil liability;

(4) The civil rights of persons who are
detained in custody;

(5) The use of force; and

(6) The history and principles of bail;

(b) Procedures for field operations, including,
without limitation:

(1) Safety and survival techniques;

(2) Searching buildings;

(3) Handling persons with mental illness
or who are under the influence of alcohol or a controlled substance; and

(1) The basic principles of locating
defendants who have not complied with the terms and conditions established by a
court for their release from custody or the terms and conditions of a contract
entered into with a surety; and

(2) Ethics; and

(e) The following subjects:

(1) Demeanor in a courtroom;

(2) First aid used in emergencies; and

(3) Cardiopulmonary resuscitation.

Ę An applicant
may complete the 80 hours of training required by this subsection by completing
16 hours of training each weekend for 5 weeks.

3. In lieu of completing the basic course
of training required by subsection 1, an applicant may submit proof to the
Commissioner that the applicant has completed a course of training required by
a municipal, state or federal law enforcement agency or a branch of the Armed
Forces to carry out the duties of a peace officer.

4. An applicant for a license as a bail
enforcement agent must complete the training required by this section within 9
months after the date the applicant is employed by a bail agent as a bail
enforcement agent. The Commissioner shall issue a temporary license to an
applicant who has not completed the training if the applicant is otherwise
qualified to be issued a license as a bail enforcement agent. The temporary
license:

(a) Authorizes the person to whom it is issued to
act as a bail enforcement agent while employed by a licensed bail agent.

(b) Is valid for 9 months or until the person to
whom it is issued completes the training required by this section, whichever
occurs first.

NRS 697.180Application for license as bail agent, general agent, bail
enforcement agent or bail solicitor. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]

1. A written application for a license as
a bail agent, general agent, bail enforcement agent or bail solicitor must be
filed with the Commissioner by the applicant, accompanied by the applicable
fees. The application form must:

(a) Include the social security number of the
applicant; and

(b) Require full answers to questions reasonably
necessary to determine the applicant’s:

(1) Identity and residence.

(2) Business record or occupations for not
less than the 2 years immediately preceding the date of the application, with
the name and address of each employer, if any.

(3) Prior criminal history, if any.

2. The Commissioner may require the
submission of such other information as may be required to determine the
applicant’s qualifications for the license for which the applicant applied.

3. The applicant must verify his or her
application. An applicant for a license under this chapter shall not knowingly
misrepresent or withhold any fact or information called for in the application
form or in connection therewith.

4. Each applicant must, as part of his or
her application and at the applicant’s own expense:

(a) Arrange to have a complete set of his or her
fingerprints taken by a law enforcement agency or other authorized entity
acceptable to the Commissioner; and

(b) Submit to the Commissioner:

(1) A completed fingerprint card and
written permission authorizing the Commissioner to submit the applicant’s
fingerprints to the Central Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation for a report on the
applicant’s background and to such other law enforcement agencies as the
Commissioner deems necessary; or

(2) Written verification, on a form
prescribed by the Commissioner, stating that the fingerprints of the applicant
were taken and directly forwarded electronically or by another means to the
Central Repository and that the applicant has given written permission to the
law enforcement agency or other authorized entity taking the fingerprints to submit
the fingerprints to the Central Repository for submission to the Federal Bureau
of Investigation for a report on the applicant’s background and to such other
law enforcement agencies as the Commissioner deems necessary.

5. The Commissioner may:

(a) Unless the applicant’s fingerprints are
directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection
4, submit those fingerprints to the Central Repository for submission to the
Federal Bureau of Investigation and to such other law enforcement agencies as
the Commissioner deems necessary;

(b) Request from each such agency any information
regarding the applicant’s background as the Commissioner deems necessary; and

(c) Adopt regulations concerning the procedures
for obtaining this information.

NRS 697.180Application for license
as bail agent, general agent, bail enforcement agent or bail solicitor.
[Effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

1. A written application for a license as
a bail agent, general agent, bail enforcement agent or bail solicitor must be
filed with the Commissioner by the applicant, accompanied by the applicable
fees. The application form must require full answers to questions reasonably
necessary to determine the applicant’s:

(a) Identity and residence.

(b) Business record or occupations for not less
than the 2 years immediately preceding the date of the application, with the
name and address of each employer, if any.

(c) Prior criminal history, if any.

2. The Commissioner may require the
submission of such other information as may be required to determine the
applicant’s qualifications for the license for which the applicant applied.

3. The applicant must verify his or her
application. An applicant for a license under this chapter shall not knowingly
misrepresent or withhold any fact or information called for in the application
form or in connection therewith.

4. Each applicant must, as part of his or
her application and at the applicant’s own expense:

(a) Arrange to have a complete set of his or her
fingerprints taken by a law enforcement agency or other authorized entity
acceptable to the Commissioner; and

(b) Submit to the Commissioner:

(1) A completed fingerprint card and
written permission authorizing the Commissioner to submit the applicant’s
fingerprints to the Central Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation for a report on the
applicant’s background and to such other law enforcement agencies as the Commissioner
deems necessary; or

(2) Written verification, on a form
prescribed by the Commissioner, stating that the fingerprints of the applicant
were taken and directly forwarded electronically or by another means to the
Central Repository and that the applicant has given written permission to the
law enforcement agency or other authorized entity taking the fingerprints to
submit the fingerprints to the Central Repository for submission to the Federal
Bureau of Investigation for a report on the applicant’s background and to such
other law enforcement agencies as the Commissioner deems necessary.

5. The Commissioner may:

(a) Unless the applicant’s fingerprints are
directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection
4, submit those fingerprints to the Central Repository for submission to the
Federal Bureau of Investigation and to such other law enforcement agencies as
the Commissioner deems necessary;

(b) Request from each such agency any information
regarding the applicant’s background as the Commissioner deems necessary; and

(c) Adopt regulations concerning the procedures
for obtaining this information.

(Added to NRS by 1971, 1909; A 1981, 1809; 1997, 2208, 3386; 1999, 520; 2003, 2872; 2011, 3417;
2013, 3837,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)

NRS 697.181Payment of child support: Statement by applicant for license;
grounds for denial of license; duty of Commissioner. [Effective until the date
of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

1. A natural person who applies for the
issuance or renewal of a bail agent’s, general agent’s, bail enforcement
agent’s or bail solicitor’s license shall submit to the Commissioner the
statement prescribed by the Division of Welfare and Supportive Services of the
Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.

2. The Commissioner shall include the
statement required pursuant to subsection 1 in:

(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the
Commissioner.

3. A bail agent’s, general agent’s, bail
enforcement agent’s or bail solicitor’s license may not be issued or renewed by
the Commissioner if the applicant is a natural person who:

(a) Fails to submit the statement required
pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.

4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Commissioner shall advise the applicant to contact the district attorney or
other public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.

NRS 697.182Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

1. If the Commissioner receives a copy of
a court order issued pursuant to NRS
425.540 that provides for the suspension of all professional, occupational
and recreational licenses, certificates and permits issued to a person who is
the holder of a bail agent’s, general agent’s, bail enforcement agent’s or bail
solicitor’s license, the Commissioner shall deem the license issued to that
person to be suspended at the end of the 30th day after the date on which the
court order was issued unless the Commissioner receives a letter issued to the
holder of the license by the district attorney or other public agency pursuant
to NRS 425.550 stating that the holder
of the license has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.

2. The Commissioner shall reinstate a bail
agent’s, general agent’s, bail enforcement agent’s or bail solicitor’s license
that has been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a
letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license
was suspended stating that the person whose license was suspended has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

1. An application for a license as a
general agent must be accompanied by:

(a) Proof of the completion of a 6-hour course of
instruction in bail bonds that is:

(1) Offered by a state or national
organization of bail agents or another organization that administers training
programs for general agents; and

(2) Approved by the Commissioner.

(b) A written appointment by an authorized
insurer as general agent, subject to the issuance of the license.

(c) A letter from a local law enforcement agency
in the applicant’s county of residence which indicates that the applicant:

(1) Has not been convicted of a felony in
this state or of any offense committed in another state which would be a felony
if committed in this state; and

(2) Has not been convicted of an offense
involving moral turpitude or the unlawful use, sale or possession of a
controlled substance.

(d) A copy of the contract or agreement that
authorizes the general agent to act as general agent for the insurer.

(e) Any other information the Commissioner may
require.

2. If the applicant for a license as a
general agent is a firm or corporation, the application must include the names of
the members, officers and directors and designate each natural person who is to
exercise the authority granted by the license. Each person so designated must
furnish information about himself or herself as though the application were for
an individual license.

NRS 697.185Application for license as bail solicitor.An application for a license as a bail
solicitor must be accompanied by:

1. Proof of the completion of a 6-hour
course of instruction in bail bonds that is:

(a) Offered by a state or national organization
of bail agents or another organization that administers training programs for
bail solicitors; and

(b) Approved by the Commissioner.

2. An appointment by a licensed bail agent
and a statement by the agent that the agent will exercise reasonable
supervision over the conduct of the applicant and be responsible for the
applicant’s conduct in the bail bond business.

3. A letter from a local law enforcement
agency in the applicant’s county of residence which indicates that the
applicant:

(a) Has not been convicted of a felony in this
state or of any offense committed in another state which would be a felony if
committed in this state; and

(b) Has not been convicted of an offense involving
moral turpitude or the unlawful use, sale or possession of a controlled
substance.

NRS 697.188Renewal of license as general agent, bail agent or bail
solicitor.A person who is
licensed as a general agent, bail agent or bail solicitor on October 1, 1997,
is entitled to renew his or her license after that date if the person is
otherwise qualified to be issued such a license and submits to the Commissioner
a letter from a local law enforcement agency in his or her county of residence
which indicates that the person:

1. Has not, on or after October 1, 1997,
been convicted of a felony in this state or of any offense committed in another
state which would be a felony if committed in this state; and

2. Has not, on or after October 1, 1997,
been convicted of an offense involving moral turpitude or the unlawful use,
sale or possession of a controlled substance.

1. Each applicant for a license as a bail
agent, bail solicitor or general agent must file with the application, and
thereafter maintain in force while so licensed, a bond in favor of the people
of the State of Nevada executed by an authorized surety insurer. The bond may
be continuous in form with total aggregate liability limited to payment as
follows:

2. The bond must be conditioned upon full
accounting and payment to the person entitled thereto of money, property or
other matters coming into the licensee’s possession through bail bond
transactions under the license.

3. The bond must remain in force until
released by the Commissioner, or cancelled by the surety. Without prejudice to
any liability previously incurred under the bond, the surety may cancel the
bond upon 30 days’ advance written notice to the licensee and the Commissioner.

1. Any natural person who intends to apply
for a license as a bail agent, bail enforcement agent or bail solicitor must
personally take and pass a written examination of his or her competence to act
as such. After passing the examination, the person may apply to the Commissioner
for such a license.

2. The scope of the examination must be as
broad as the bail bond business.

3. The examination must be administered by
the Commissioner or an entity approved by the Commissioner.

NRS 697.205Exemption from examination: Relicensing within 6 months after
lapse of license.A bail agent, bail
enforcement agent or bail solicitor whose license lapses is exempt from
retaking the examination otherwise required under NRS
697.200 if he or she applies and is relicensed within 6 months after the
date of lapse.

NRS 697.210Issuance of license; notice of refusal to issue license; fees
not refundable.

1. If the Commissioner finds that the
application is complete, that the applicant has passed all required
examinations and is otherwise qualified for the license applied for, the
Commissioner shall promptly issue the license. Otherwise, the Commissioner
shall refuse to issue the license and promptly notify the applicant and the
appointing insurer, if the application is for a bail agent’s or general agent’s
license, or the employer, if the application is for a bail solicitor’s license,
of such refusal, stating the grounds for the refusal.

2. All fees required to be paid pursuant
to this chapter shall be deemed earned when paid and may not be refunded.

1. A license
must state the name and address of the licensee, the date of issue, general
conditions relative to expiration or termination, and such other information
and conditions as the Commissioner may deem proper and consistent with law.

2. The license
of a bail solicitor must also state the name and address of the bail agent who
is the employer of the bail solicitor.

NRS 697.230Expiration and renewal of license. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

1. Except as otherwise provided in NRS 697.177, each license issued to a general agent,
bail agent, bail enforcement agent or bail solicitor under this chapter
continues in force for 3 years unless it is suspended, revoked or otherwise
terminated. A license may be renewed upon payment of all applicable fees for
renewal to the Commissioner on or before the last day of the month in which the
license is renewable. All applicable fees must be accompanied by:

(a) Proof that the licensee has completed a
3-hour program of continuing education that is:

(1) Offered by the authorized surety
insurer from whom the licensee received written appointment, if any, a state or
national organization of bail agents or another organization that administers
training programs for general agents, bail agents, bail enforcement agents or
bail solicitors; and

(2) Approved by the Commissioner;

(b) If the licensee is a natural person, the
statement required pursuant to NRS 697.181; and

(c) A written request for renewal of the license.
The request must be made and signed:

(1) By the licensee in the case of the
renewal of a license as a general agent, bail enforcement agent or bail agent.

(2) By the bail solicitor and the bail
agent who employs the solicitor in the case of the renewal of a license as a
bail solicitor.

2. Any license that is not renewed on or
before the last day specified for its renewal expires at midnight on that day.
The Commissioner may accept a request for renewal received by the Commissioner
within 30 days after the date of expiration if the request is accompanied by a
fee for renewal of 150 percent of all applicable fees otherwise required,
except for any fee required pursuant to NRS
680C.110, and, if the person requesting renewal is a natural person, the
statement required pursuant to NRS 697.181.

3. A bail agent’s license continues in
force while there is in effect an appointment of him or her as a bail agent of
one or more authorized insurers. Upon termination of all the bail agent’s
appointments and the bail agent’s failure to replace any appointment within 30
days thereafter, the bail agent’s license expires and the bail agent shall
promptly deliver his or her license to the Commissioner.

4. The Commissioner shall terminate the
license of a general agent for a particular insurer upon a written request by
the insurer.

NRS 697.230Expiration and renewal of
license. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal
law requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]

1. Except as otherwise provided in NRS 697.177, each license issued to a general agent,
bail agent, bail enforcement agent or bail solicitor under this chapter
continues in force for 3 years unless it is suspended, revoked or otherwise
terminated. A license may be renewed upon payment of all applicable fees for
renewal to the Commissioner on or before the last day of the month in which the
license is renewable. All applicable fees must be accompanied by:

(a) Proof that the licensee has completed a
3-hour program of continuing education that is:

(1) Offered by the authorized surety
insurer from whom the licensee received written appointment, if any, a state or
national organization of bail agents or another organization that administers
training programs for general agents, bail agents, bail enforcement agents or
bail solicitors; and

(2) Approved by the Commissioner; and

(b) A written request for renewal of the license.
The request must be made and signed:

(1) By the licensee in the case of the
renewal of a license as a general agent, bail enforcement agent or bail agent.

(2) By the bail solicitor and the bail
agent who employs the solicitor in the case of the renewal of a license as a
bail solicitor.

2. Any license that is not renewed on or
before the last day specified for its renewal expires at midnight on that day.
The Commissioner may accept a request for renewal received by the Commissioner
within 30 days after the date of expiration if the request is accompanied by a
fee for renewal of 150 percent of all applicable fees otherwise required,
except for any fee required pursuant to NRS
680C.110.

3. A bail agent’s license continues in
force while there is in effect an appointment of him or her as a bail agent of
one or more authorized insurers. Upon termination of all the bail agent’s
appointments and the bail agent’s failure to replace any appointment within 30
days thereafter, the bail agent’s license expires and the bail agent shall
promptly deliver his or her license to the Commissioner.

4. The Commissioner shall terminate the
license of a general agent for a particular insurer upon a written request by
the insurer.

(Added to NRS by 1971, 1911; A 1981, 1810; 1987, 473; 1997, 2209, 3387; 2001, 2253; 2009, 1824,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)

NRS 697.240Appointment of bail agents.

1. Each insurer appointing a bail agent
shall file with the Commissioner a written appointment and pay the applicable
fee for the appointment.

2. Each appointment remains in effect
until the bail agent’s license is revoked or otherwise terminated, or there is
an earlier termination of the appointment.

3. No insurer may appoint a bail agent
whose contingent liability exceeds an amount equal to 10 times his or her
reserve account unless the appointment is first approved by the Commissioner.

(Added to NRS by 1971, 1912; A 1979, 1402; 1981,
1811)

NRS 697.250Termination of appointment.

1. An insurer may terminate an appointment
at any time. The insurer shall promptly give written notice of termination and
the effective date thereof to the Commissioner, on forms furnished by the
Commissioner, and to the bail agent if reasonably possible. The Commissioner
may require of the insurer reasonable proof that the insurer has also given
such a notice to the agent if reasonably possible.

2. Accompanying each notice of termination
given to the Commissioner, the insurer shall file with the Commissioner a
statement of the cause, if any, for the termination. Any information or
documents so disclosed to the Commissioner shall be deemed an absolutely privileged
communication, and the information or documents are not admissible as evidence
in any action or proceedings unless their use as evidence is permitted by the
insurer in writing.

3. A bail agent terminating the
appointment and license as such of a bail solicitor shall give notice of
termination in the manner prescribed by subsections 1 and 2. Any information or
documents disclosed to the Commissioner shall be deemed an absolutely
privileged communication, unless the privilege is waived in writing by the bail
agent.

4. No agreement between an insurer and a
bail agent or between an employing bail agent and a licensed bail solicitor
affects the Commissioner’s termination of the appointment or license if the
termination is requested by the insurer or the employing bail agent, as the
case may be.

1. A bail solicitor shall not concurrently
be employed or licensed as to more than one bail agent.

2. The bail agent is responsible for the
acts or omissions of the bail solicitors within the scope of his or her employment.

3. The bail solicitor shall maintain his
or her office with that of the bail agent with whom the bail solicitor is
employed.

4. The bail solicitor’s license must
remain in the custody of the bail agent with whom the bail solicitor is
employed. Upon termination of such employment as a bail solicitor, the bail
agent shall give written notice thereof to the Commissioner, as provided in NRS 697.250, and deliver the license to the commissioner
for cancellation.

NRS 697.270Registration of bail agents.A
bail agent shall not act as an attorney-in-fact for an insurer on an
undertaking unless the bail agent has registered in the office of the sheriff
and with the clerk of the district court in which the agent resides, and the
bail agent may register in the same manner in any other county. Any bail agent
shall file a certified copy of the appointment of the bail agent by power of
attorney from each insurer which the bail agent represents as agent with each
of such officers. The bail agent shall register and file a certified copy of
renewed power of attorney annually on July 1. The clerk of the district court
and the sheriff shall not permit the registration of a bail agent unless the
agent is licensed by the Commissioner.

NRS 697.280Bail agent: Place of business; display of licenses and fees
charged; retention of records at place of business.

1. Every bail agent shall have and
maintain in this state a place of business accessible to the public, wherein
the licensee principally conducts transactions under his or her license. The
address of the principal place of business of the licensee must appear upon the
application for a license and upon the license, when issued, and the licensee
shall promptly notify the Commissioner of any change in that address. This
subsection does not prohibit a licensee from conducting business in his or her
residence in this state.

2. The licenses of the licensee, and those
of others employed by the licensee, and the fees charged for services rendered
must be conspicuously displayed in the principal place of business of the
licensee in a part or area customarily open to the public.

3. The bail agent shall keep at his or her
principal place of business the records required under NRS
697.290.

NRS 697.290Records of bail agent.Every
bail agent must maintain in his or her office such records of bail bonds, and
such additional information as the Commissioner may reasonably require,
executed or countersigned by the bail agent to enable the public to obtain all
necessary information concerning the bail bonds for at least 3 years after the
liability of the surety has been terminated. The records must be open to
examination by the Commissioner or representatives of the Commissioner at all
times, and the Commissioner at any time may require the licensee to furnish to
the Commissioner, in such manner or form as the Commissioner requires, any
information kept or required to be kept in the records.

1. A bail agent shall not, in any bail
transaction or in connection therewith, directly or indirectly, charge or
collect money or other valuable consideration from any person except for the
following purposes:

(a) To pay the premium at the rates established
by the insurer, in accordance with chapter 686B
of NRS, or to pay the charges for the bail bond filed in connection with the
transaction at the rates filed in accordance with the provisions of this Code.
The rates must be 15 percent of the amount of the bond or $50, whichever is
greater.

(b) To provide collateral.

(c) To reimburse himself or herself for actual
expenses incurred in connection with the transaction. Such expenses are limited
to:

(3) Travel expenses incurred more than 25
miles from the agent’s principal place of business. Such expenses:

(I) May be billed at the rate
provided for state officers and employees generally; and

(II) May not be charged in areas
where bail agents advertise a local telephone number.

(4) Expenses incurred to verify
underwriting information.

(5) Any other actual expenditure necessary
to the transaction which is not usually and customarily incurred in connection
with bail transactions.

(d) To reimburse himself or herself, or have a
right of action against the principal or any indemnitor, for actual expenses
incurred in good faith, by reason of breach by the defendant of any of the
terms of the written agreement under which and pursuant to which the
undertaking of bail or bail bond was written. If there is no written agreement,
or an incomplete writing, the surety may, at law, enforce its equitable rights
against the principal and his or her indemnitors, in exoneration. Such
reimbursement or right of action must not exceed the principal sum of the bond
or undertaking, plus any reasonable expenses that may be verified by receipt in
a total amount of not more than the principal sum of the bond or undertaking,
incurred in good faith by the surety, its agents, licensees and employees by
reason of the principal’s breach.

2. This section does not prevent the full
and unlimited right of a bail agent to execute undertaking of bail on behalf of
a nonresident agent of the surety he or she represents. The licensed resident
bail agent is entitled to a minimum countersignature fee of $5, with a maximum
countersignature fee of $100, plus expenses incurred in accordance with
paragraphs (c) and (d) of subsection 1. Such countersignature fees may be
charged in addition to the premium of the undertaking.

NRS 697.310Prohibited charges.Except
to the extent permitted by paragraphs (c) and (d) of subsection 1 and
subsection 2 of NRS 697.300, a licensee shall not
make any charge for the services of the licensee in a bail transaction in
addition to the premium or the charge for a bail bond at the rates filed in
accordance with the provisions of this Code.

NRS 697.320Collateral; limitations on transfer of collateral; fiduciary
capacity; requirements for receiving title to real property as collateral;
written receipt for collateral.

1. A bail agent may accept collateral
security in connection with a bail transaction if the collateral security is
reasonable in relation to the face amount of the bond. The bail agent shall not
transfer the collateral to any person other than a bail agent licensed pursuant
to this chapter or a surety insurer holding a valid certificate of authority
issued by the Commissioner. The collateral must not be transported or otherwise
removed from this state. Any person who receives the collateral:

(a) Shall be deemed to hold the collateral in a
fiduciary capacity to the same extent as a bail agent; and

(b) Shall retain, return and otherwise possess
the collateral in accordance with the provisions of this chapter.

2. The collateral security must be
received by the bail agent in his or her fiduciary capacity, and before any
forfeiture of bail must be kept separate and apart from any other funds or
assets of the licensee. Any collateral received must be returned to the person
who deposited it with the bail agent or any assignee other than the bail agent
as soon as the obligation, the satisfaction of which was secured by the
collateral, is discharged and all fees owed to the bail agent have been paid.
The bail agent or any surety insurer having custody of the collateral shall,
immediately after the bail agent or surety insurer receives a request for
return of the collateral from the person who deposited the collateral,
determine whether the bail agent or surety insurer has received notice that the
obligation is discharged. If the collateral is deposited to secure the
obligation of a bond, it must be returned immediately after receipt of the
request for return of the collateral and notice of the entry of any order by an
authorized official by virtue of which liability under the bond is terminated
or upon payment of all fees owed to the bail agent, whichever is later. A
certified copy of the minute order from the court wherein the bail or
undertaking was ordered exonerated shall be deemed prima facie evidence of
exoneration or termination of liability.

3. If a bail agent receives as collateral
in a bail transaction, whether on the bail agent’s or another person’s behalf,
any document conveying title to real property, the bail agent shall not accept
the document unless it indicates on its face that it is executed as part of a
security transaction. If the document is recorded, the bail agent or any surety
insurer having possession of the document shall, immediately after the bail
agent or surety insurer receives a request for return of the collateral from
the person who executed the document:

(a) Determine whether the bail agent or surety
insurer has received notice that the obligation for which the document was
accepted is discharged; and

(b) If the obligation has been discharged,
reconvey the real property by delivering a deed or other document of conveyance
to the person or to the heirs of the person, legal representative or successor
in interest. The deed or other document of conveyance must be prepared in such
a manner that it may be recorded.

4. If the amount of any collateral
received in a bail transaction exceeds the amount of any bail forfeited by the
defendant for whom the collateral was accepted, the bail agent or any surety
insurer having custody of the collateral shall, immediately after the bail is
forfeited, return to the person who deposited the collateral the amount by
which the collateral exceeds the amount of the bail forfeited. Any collateral
returned to a person pursuant to this subsection is subject to a claim for
fees, if any, owed to the bail agent returning the collateral.

5. If a bail agent accepts collateral, the
bail agent shall give a written receipt for the collateral. The receipt must
include in detail a full account of the collateral received.

NRS 697.325Notice to local law enforcement agency when defendant apprehended;
notice to local law enforcement agency before forcible entrance of inhabited
dwelling; penalty.

1. After apprehending a defendant in this
state, a bail agent or bail enforcement agent shall immediately or without
undue delay notify in person or by telephone the local law enforcement agency
of the jurisdiction in which the defendant was apprehended of:

(a) The identity of the defendant;

(b) The identity of the bail agent or bail
enforcement agent; and

(c) Where the bail agent or bail enforcement agent
is taking the defendant to surrender the defendant into custody.

2. Before forcibly entering an inhabited
dwelling in this state, a bail agent or bail enforcement agent shall notify the
local law enforcement agency of the jurisdiction in which the dwelling is
located.

3. A bail agent or bail enforcement agent
who violates the provisions of this section is guilty of a misdemeanor.

4. As used in this section, “inhabited
dwelling” means any structure, building, house, room, apartment, tenement, tent,
conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or
railroad car in which the owner or other lawful occupant resides.

NRS 697.330Surrender of defendant to custody; return of premiums.If a bail agent or bail solicitor, without
good cause, surrenders a defendant to custody before the time specified in the
undertaking of bail or the bail bond for the appearance of the defendant, or
before any other occasion where the presence of the defendant in court is
lawfully required, the premium is returnable in full.

NRS 697.340Prohibited acts; persons who may not be bail agents, bail
enforcement agents or bail solicitors.

1. A bail agent, general agent or bail
solicitor shall not:

(a) Suggest or advise the employment of or name
for employment any particular attorney to represent his or her principal.

(b) Solicit business in or about any place where
prisoners are confined or in or about any court.

(c) Pay a fee or rebate or give or promise
anything of value to any person in order to secure a settlement, compromise,
remission or reduction of the amount of any undertaking or bail bond.

(d) Pay a fee or rebate or give anything of value
to an attorney in bail bond matters, except for legal services actually
rendered.

(e) Pay a fee or rebate or give or promise
anything of value to the principal or anyone in his or her behalf.

(f) Participate in the capacity of an attorney at
a trial or hearing of a person on whose bond the bail agent, general agent or
bail solicitor is surety, except for the purposes of surrendering the
defendant, making motions to set aside orders of bail forfeitures and motions
to exonerate bails and protecting his or her financial interest in such a bond.

2. The following persons may not be bail
agents, bail enforcement agents or bail solicitors and shall not, directly or
indirectly, receive any benefits from the execution of any bail bond:

(a) Jailers;

(b) Police officers;

(c) Justices of the peace;

(d) Municipal judges;

(e) Sheriffs, deputy sheriffs and constables;

(f) Any person having the power to arrest or
having anything to do with the control of federal, state, county or municipal
prisoners; and

(g) Trustees or prisoners incarcerated in any
jail, prison or any other place used for the incarceration of persons.

3. A bail agent shall not sign or
countersign in blank any bond, or give the power of attorney to, or otherwise
authorize, anyone to countersign the name of the bail agent to bonds unless the
person so authorized is a licensed agent directly employed by the agent giving
the power of attorney.

4. A bail agent, bail enforcement agent,
bail solicitor or general agent shall not advertise or hold himself or herself
out to be a surety insurance company.

NRS 697.350Justification of suretyship.A
bail agent shall justify the suretyship of the bail agent by attaching a copy
of the power of attorney issued to the bail agent by the surety insurer to each
bond.

NRS 697.360Applicability of other provisions.Licensed
bail agents, bail solicitors and bail enforcement agents, and general agents
are also subject to the following provisions of this Code, to the extent
reasonably applicable: